Pennon Shipping Private Limited vs Yusen Logistics (India) Private ...
2022 Latest Caselaw 2730 Cal/2

OD-18
                              ORDER SHEET
                               CS/178/2016
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                   PENNON SHIPPING PRIVATE LIMITED
                                   VS
                YUSEN LOGISTICS (INDIA) PRIVATE LIMITED.



  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date: 14TH NOVEMBER, 2022.

                                                                       Appearance:
                                                      Mr. R. Roy. Chaudhuri, Adv.
                                                                ..for the petiitoner




      The Court: Counsel for the petitioner is present.

      None appears on behalf of the defendant.

      Counsel for the plaintiff files suggested issues. Let the same be kept

with the record.

      As per the suggested issues filed by the plaintiff, the following issues

are framed :-

      1.

Whether the electronic mails dated 24th November, 2014 and 25th

November, 2014 constitute the contract between the plaintiff and

the defendant ?

2. Whether the plaintiff is entitled to a decree as claimed in prayer (a)

of the plaint, less the amount recovered from the defendnat

following orders passed in an application for Judgement upon

Admission being G. A. No. 1978 of 2017 at the interim stage ?

3. Whether the plaintiff is entitled to interest pendente lite and

interest upon judgment at the rate of 24% per annum on the

principal sum claimed by the plaintiff in paragraph 22 of the

plaint, read with prayer (a) thereof, less the amount recovered from

the defendant under orders passed in the application for judgment

upon Admission taken out by the plaintiff ?

4. Whether the invoices being No. OEL BENGAL 1415/001/2014-

15/JAN and No. OEL BENGAL 1415/002/2014-15/JAN, both

dated January 12, 2015 issued by the plaintiff on the defendant

were actionable as on the date of institution of the suit ?

5. Whether the defendant is entitled to deduct INR 7,42,138/- or any

other amount on account of alleged payments towards container

detention charges ?

6. Whether any arrangement between the defendant and Safmarine

India Private Limited has any relevance to the plaintiff's

transaction with the defendant and the plaintiff's entitlement to

receive payment against its invoices raised on the defendant ?

7. Whether the suit as framed is maintainable ?

8. Whether the suit is barred by any law ?

The plaintiff is directed to file Judge's Brief of Documents within four weeks.

Let the matter appear on 19th December, 2022 for witness action of the

plaintiff.

(KRISHNA RAO, J.)

Sbghosh